Internet Law for Defamation, Libel and Slander
Background The Cubby Inc. v. CompuServe (1991) was an action in which the plaintiffs Cubby, Inc. were suing defendants CompuServe, Inc. for it’s alleged libel, business disparagement, and unfair competition. CompuServe develops and provides computer-related products and services. One of the services that they provide is a Journalism Forum, which focuses on the journalism industry. One of the publications available on the Journalism Forum is Rumorville USA, a daily newsletter that provides reports about broadcast journalism and journalists. Rumorville is published by Don Fitzpatrick Associates of San Francisco (“DFA”). CompuServe does not have any employment, contractual, or other direct relationship with either DFA or Don Fitzpatrick. DFA is under contract with CIS (CompuServe Information Services; an on-line general information service or "electronic library" that subscribers may access from a personal computer or terminal), which states that DFA “accepts total responsibility for the contents” of Rumorville. CompuServe does not have the opportunity to review Rumorville’s contents before it is uploaded. In 1990 Cubby developed a computer database called Skuttlebut, which was designed to compete with Rumorville by publishing and distributing electronically news and gossip in the television and radio industries. Cubby claims that Rumorville published false and defamatory statements relating to Skuttlebut. The allegedly defamatory remarks suggested that individuals at Skuttlebut gained access to information first published by Rumorville “through some back door”; a statement that Blanchard was "bounced" from his previous employer, WABC; and a description of Skuttlebut as a "new start-up scam." This case was closed in the defendants favor. What did this case bring to the table? The case of Cubby vs CompuServe focused on defamation alleged libel, business disparagement, and unfair competition. This case has been good for the internet because it has gotten people engaged and involved in having editorial control. ' ' The Communications Decency Act of 1996 makes reference to the liability and responsibility of content. It makes clear reference to the difference in a users, editors, providers, as well as distributors. This act helps to promote responsibility and respect for those around you. It also promotes being responsible for your actions. The Uniform Domain Name Dispute Resolution Policy (UDRP) is another example that references responsibility of content. For example in the Beck vs. Eiland-Hall case in 2009 policy was enforced when Isaac Eiland-Hall made a domain name which appeared to be created out of bad faith. Eiland-Hall was then held responsible for this short-sided idea to create a domain name that seemed to be hurting someone else's character and reputation. WikiLeaks Visit http://writingfornewmedia.wikia.com/wiki/SOPA to learn about SOPA and how it could have changed the face of the internet. Net Neutrality Defamation, Libel, and Slander Defamation: Any intentional false communication, either written or spoken, that harms a person's reputation; decreases the respect, regard, or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings against a person. Libel: To publish in print (including pictures), writing or broadcast through radio, television or film, an untruth about another which will do harm to that person or his/her reputation, by tending to bring the target into ridicule, hatred, scorn or contempt of others. Slander: Oral defamation, in which someone tells one or more persons an untruth about another which untruth will harm the reputation of the person defamed. Slander is a civil wrong (tort) and can be the basis for a lawsuit.